Williams v. Rentz Banking Co.

Ebhrhardt, Judge.

Giving the deposition of the defendant Felton Williams the construction in his favor wherever there is a contradiction or inconsistency in it, we are of the opinion that it demands a finding that the defendants made payments on the note sued on after it was signed.

Williams did not deny signing the note. He admitted it, though contending that he did so unwillingly, and that the amount of the note was $3,068 rather than $3,600. The note shows for itself what the amount was. He readily admits in his deposition that on the date of the note all previous notes owing to the bank by…